Custody; create rebuttable presumption of joint custody with equal parenting time.

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To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Tate

SENATE BILL NO. 2742

AN ACT TO AMEND SECTION 93-5-24, MISSISSIPPI CODE OF 1972, TO 1
CREATE A REBUTTABLE PRESUMPTION IN FAVOR OF JOINT CUSTODY WITH 2
EQUAL PARENTING TIME IN ALL CUSTODY MATTERS; TO PROVIDE THAT THE 3
PRESUMPTION SHALL BE REBUTTABLE BY A PREPONDERANCE OF THE 4
EVIDENCE; TO PROVIDE THAT A COURT SHALL CONSIDER THE SAFETY AND 5
WELL-BEING OF THE PARTIES AND CHILDREN; TO PROVIDE THAT THE 6
PRESUMPTION THAT JOINT CUSTODY AND EQUALLY SHARED PARENTING TIME 7
IS IN THE BEST INTEREST OF THE CHILD SHALL NOT APPLY IF A DOMESTIC 8
ABUSE PROTECTION ORDER IS BEING OR HAS BEEN ENTERED AGAINST A 9
PARTY BY ANOTHER PARTY OR ON BEHALF OF A CHILD AT ISSUE IN THE 10
CUSTODY HEARING; TO REQUIRE A COURT TO DOCUMENT THE REASONS FROM 11
DEVIATING FROM THE PRESUMPTION UNLESS BOTH PARENTS PETITION FOR A 12
DEVIATION; TO CLARIFY THAT THIS SECTION SHALL APPLY TO ALL CUSTODY 13
DETERMINATIONS; TO PROVIDE FOR THE CALCULATION OF CHILD SUPPORT 14
WHERE THE COURT AWARDS JOINT CUSTODY WITH EQUALLY SHARED PARENTING 15
TIME; TO AMEND SECTION 43-19-101, MISSISSIPPI CODE OF 1972, TO 16
CONFORM; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. Section 93-5-24, Mississippi Code of 1972, is 19
amended as follows: 20
93-5-24. (1) Custody shall be awarded as follows according 21
to the best interests of the child: 22
(a) Physical and legal custody to both parents jointly 23
pursuant to subsections (2) through (7). 24
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(b) Physical custody to both parents jointly pursuant 25
to subsections (2) through (7) and legal custody to either parent. 26
(c) Legal custody to both parents jointly pursuant to 27
subsections (2) through (7) and physical custody to either parent. 28
(d) Physical and legal custody to either parent 29
pursuant to subsections (2) through (7) of this section. 30
(e) Upon a finding by the court that both of the 31
parents of the child have abandoned or deserted such child or that 32
both such parents are mentally, morally or otherwise unfit to rear 33
and train the child the court may award physical and legal custody 34
to: 35
(i) The person in whose home the child has been 36
living in a wholesome and stable environment; or 37
(ii) Physical and legal custody to any other 38
person deemed by the court to be suitable and able to provide 39
adequate and proper care and guidance for the child. 40
In making an order for custody to either parent or to both 41
parents jointly, the court, in its discretion, may require the 42
parents to submit to the court a plan for the implementation of 43
the custody order. 44
(2) * * * (a) (i) There shall be a rebuttable presumption 45
that joint custody and equally shared parenting time is in the 46
best interest of the child. If the court grants joint custody and 47
equally shared parenting time, the court shall construct a 48
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parenting time schedule which maximizes the time each parent has 49
with the child and ensures the best interest of the child is met. 50
(ii) The presumption created in subparagraph (i) 51
of this paragraph shall be rebuttable by a preponderance of the 52
evidence. A court that does not award joint custody with equally 53
shared parenting time shall document the reasons for deviating 54
from the presumption. 55
(iii) When determining or modifying a custody 56
order, the court shall consider the safety and well-being of the 57
parties and of the children. If a domestic abuse protection order 58
is being or has been entered against a party by another party or 59
on behalf of a child at issue in the custody hearing, the 60
presumption that joint custody and equally shared parenting time 61
is in the best interest of the child shall not apply as to the 62
party against whom the domestic abuse protection order is being or 63
has been entered. 64
(b) Upon petition of both parents, the court may grant 65
legal and/or physical custody to one (1) parent without 66
documenting a reason for deviation. 67
* * * 68
( * * *3) (a) For the purposes of this section, "joint 69
custody" means joint physical and legal custody. 70
(b) For the purposes of this section, "physical 71
custody" means those periods of time in which a child resides with 72
or is under the care and supervision of one (1) of the parents. 73
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(c) For the purposes of this section, "joint physical 74
custody" means that each of the parents shall have significant 75
periods of physical custody. Joint physical custody shall be 76
shared by the parents in such a way so as to assure a child * * * 77
frequent and continuing contact with both parents. 78
(d) For the purposes of this section, "legal custody" 79
means the decision-making rights, the responsibilities and the 80
authority relating to the health, education and welfare of a 81
child. 82
(e) For the purposes of this section, "joint legal 83
custody" means that the parents or parties share the 84
decision-making rights, the responsibilities and the authority 85
relating to the health, education and welfare of a child. An 86
award of joint legal custody obligates the parties to exchange 87
information concerning the health, education and welfare of the 88
minor child, and to confer with one another in the exercise of 89
decision-making rights, responsibilities and authority. 90
An award of joint physical and legal custody obligates the 91
parties to exchange information concerning the health, education 92
and welfare of the minor child, and unless allocated, apportioned 93
or decreed, the parents or parties shall confer with one another 94
in the exercise of decision-making rights, responsibilities and 95
authority. 96
( * * *4) Any order for joint custody may be modified or 97
terminated upon the petition of both parents, upon a petition 98
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under Section 2(6), or upon the petition of one (1) parent showing 99
that a material change in circumstances has occurred. 100
( * * *5) There shall be no presumption that it is in the 101
best interest of a child that a mother be awarded either legal or 102
physical custody. 103
( * * *6) Notwithstanding any other provision of law, access 104
to records and information pertaining to a minor child, including, 105
but not limited to, medical, dental and school records, shall not 106
be denied to a parent because the parent is not the child's 107
custodial parent. 108
( * * *7) (a) (i) In every proceeding where the custody of 109
a child is in dispute, there shall be a rebuttable presumption 110
that it is detrimental to the child and not in the best interest 111
of the child to be placed in sole custody, joint legal custody or 112
joint physical custody of a parent who has a history of 113
perpetrating family violence. The court may find a history of 114
perpetrating family violence if the court finds, by a 115
preponderance of the evidence, one (1) incident of family violence 116
that has resulted in serious bodily injury to, or a pattern of 117
family violence against, the party making the allegation or a 118
family household member of either party. The court shall make 119
written findings to document how and why the presumption was or 120
was not triggered. 121
(ii) This presumption may only be rebutted by a 122
preponderance of the evidence. 123
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(iii) In determining whether the presumption set 124
forth in this subsection * * * has been overcome, the court shall 125
consider all of the following factors: 126
1. Whether the perpetrator of family violence 127
has demonstrated that giving sole or joint physical or legal 128
custody of a child to the perpetrator is in the best interest of 129
the child because of the other parent's absence, mental illness, 130
substance abuse or such other circumstances which affect the best 131
interest of the child or children; 132
2. Whether the perpetrator has successfully 133
completed a batterer's treatment program; 134
3. Whether the perpetrator has successfully 135
completed a program of alcohol or drug abuse counseling if the 136
court determines that counseling is appropriate; 137
4. Whether the perpetrator has successfully 138
completed a parenting class if the court determines the class to 139
be appropriate; 140
5. If the perpetrator is on probation or 141
parole, whether he or she is restrained by a protective order 142
granted after a hearing, and whether he or she has complied with 143
its terms and conditions; and 144
6. Whether the perpetrator of domestic 145
violence has committed any further acts of domestic violence. 146
(iv) The court shall make written findings to 147
document how and why the presumption was or was not rebutted. 148
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(b) (i) If custody is awarded to a suitable third 149
person, it shall not be until the natural grandparents of the 150
child have been excluded and such person shall not allow access to 151
a violent parent except as ordered by the court. 152
(ii) If the court finds that both parents have a 153
history of perpetrating family violence, but the court finds that 154
parental custody would be in the best interest of the child, 155
custody may be awarded solely to the parent less likely to 156
continue to perpetrate family violence. In such a case, the court 157
may mandate completion of a treatment program by the custodial 158
parent. 159
(c) If the court finds that the allegations of domestic 160
violence are completely unfounded, the chancery court shall order 161
the alleging party to pay all court costs and reasonable 162
attorney's fees incurred by the defending party in responding to 163
such allegations. 164
(d) (i) A court may award visitation by a parent who 165
committed domestic or family violence only if the court finds that 166
adequate provision for the safety of the child and the parent who 167
is a victim of domestic or family violence can be made. 168
(ii) In a visitation order, a court may take any 169
of the following actions: 170
1. Order an exchange of the child to occur in 171
a protected setting; 172
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2. Order visitation supervised in a manner to 173
be determined by the court; 174
3. Order the perpetrator of domestic or 175
family violence to attend and complete to the satisfaction of the 176
court a program of intervention for perpetrators or other 177
designated counseling as a condition of visitation; 178
4. Order the perpetrator of domestic or 179
family violence to abstain from possession or consumption of 180
alcohol or controlled substances during the visitation and for 181
twenty-four (24) hours preceding the visitation; 182
5. Order the perpetrator of domestic or 183
family violence to pay a fee to defray the cost of supervised 184
visitation; 185
6. Prohibit overnight visitation; 186
7. Require a bond from the perpetrator of 187
domestic or family violence for the return and safety of the 188
child; or 189
8. Impose any other condition that is deemed 190
necessary to provide for the safety of the child, the victim of 191
family or domestic violence, or other family or household member. 192
(iii) Whether or not visitation is allowed, the 193
court may order the address of the child or the victim of family 194
or domestic violence to be kept confidential. 195
(e) The court may refer but shall not order an adult 196
who is a victim of family or domestic violence to attend 197
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counseling relating to the victim's status or behavior as a 198
victim, individually or with the perpetrator of domestic or family 199
violence, as a condition of receiving custody of a child or as a 200
condition of visitation. 201
(f) If a court allows a family or household member to 202
supervise visitation, the court shall establish conditions to be 203
followed during visitation. 204
(8) This section shall apply to all custody determinations 205
regardless of whether or not the parents of the child or children 206
involved have ever been married. 207
SECTION 2. (1) As used in this section, "day" means more 208
than twelve (12) consecutive hours in a twenty-four (24) hour 209
period under the care, control, or direct supervision of one (1) 210
parent or caretaker, or as the court determines based on findings 211
of substantially equivalent care or expense. Unless the context 212
requires otherwise, "day" shall include housing, entertaining, 213
feeding, transporting the child, attending to school work, 214
athletic events, extracurricular activities, or other activities 215
that transfer with the child as the child moves from one (1) 216
parent to the other. 217
(2) (a) The parenting time for either parent shall begin at 218
the time of exchange of the child or children from one (1) parent 219
to the other. 220
(b) Unless otherwise ordered, if the exchange occurs at 221
school or with a care provider, the receiving parent's time shall 222
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begin and the other parent's time shall end at the time the child 223
is picked up from school or from the care provider. 224
(3) (a) In order to receive a shared parenting time credit, 225
a parent shall maintain care, custody, and control over the child 226
for a minimum of eighty-eight (88) days per year regardless of the 227
age of the child. 228
(b) The shared parenting time credit shall only be 229
applicable for parenting time that is court-ordered or parenting 230
time that is exercised by consent of the parties. 231
(4) Except as provided in subsection (7) of this section or 232
otherwise provided in this chapter, the child support obligation 233
determined under Section 43-19-101 shall be subject to further 234
adjustment upon motion of the parent seeking credit as follows: 235
(a) For parents who share parenting time under an order 236
that is court-ordered or exercised by consent of the parties, the 237
court shall: 238
(i) 1. Calculate the child support obligation set 239
forth in Section 43-19-101 using the combined gross adjusted 240
income of the parties. 241
2. Deem the parent with the higher monthly 242
amount of adjusted gross income as the obligor; 243
(ii) Determine the number of days for both parents 244
on an annual basis based upon an order that is court-ordered or 245
approved and exercised; 246
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(iii) Using the days a child spends with the 247
obligated parent, determine the adjustment percentage using the 248
shared parenting time credit chart in subsection (5) of this 249
section; 250
(iv) Determine the shared parenting time credit 251
adjustment by multiplying the obligated parent's adjustment 252
percentage by the total support obligation found on the child 253
support obligation worksheet to establish the shared parenting 254
expense adjustment for the obligated parent, as determined in 255
subparagraph (i) of this paragraph; and 256
(v) Subtract the amount calculated in subparagraph 257
(iv) of this paragraph from the obligated parent's monthly 258
obligation, found on the child support obligation worksheet, as 259
determined in subparagraph (i) of this paragraph; and 260
(b) The court may use its discretion in adjusting each 261
parent's child support obligation under this subsection after 262
consideration of the following: 263
1. The obligated parent's income and ability to 264
maintain the basic necessities of the home for the child; 265
2. Whether either parent has consistently 266
exercised, or is likely to consistently exercise, the 267
court-ordered time-sharing schedule or time-sharing agreement 268
between the parents; 269
3. Whether all of the children are subject to the 270
same time-sharing schedule; 271
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4. Whether the time-sharing plan results in fewer 272
overnights due to a significant geographical distance between the 273
parties that may affect the child support obligation; 274
5. The military deployment or extended service 275
obligations of the parties; and 276
6. The health insurance or medical care provided 277
by either parent. 278
(5) The shared parenting time credit chart is as follows: 279
Parenting Time Days Adjustment Percentage 280
88-115 15% 281
116-129 20.5% 282
130-142 25% 283
143-152 30.5% 284
153-162 36% 285
163-172 42% 286
173-181 48.5% 287
182-182.5 50% 288
(6) (a) Failure by one (1) party to consistently exercise 289
the court-ordered time-sharing schedule or time-sharing agreement 290
between the parents shall be grounds for the other party to seek 291
modification from the court. 292
(b) A party may seek modification following a fifteen 293
percent (15%) change in the number of timesharing days and shall 294
have the burden of proving a material change in timesharing 295
circumstances. 296
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(7) The court shall have discretion in awarding a shared 297
parenting time credit if the obligee receives: 298
(a) Children's Health Insurance Program (CHIP); 299
(b) Temporary Assistance for Needy Families (TANF); 300
(c) Supplemental Nutrition Assistance Program (SNAP); 301
or 302
(d) Medicaid. 303
SECTION 3. Section 43-19-101, Mississippi Code of 1972, is 304
amended as follows: 305
43-19-101. (1) The following child-support award guidelines 306
shall be a rebuttable presumption in all judicial or 307
administrative proceedings regarding the awarding or modifying of 308
child-support awards in this state: 309
Number Of Children Percentage Of Adjusted Gross Income 310
Due Support That Should Be Awarded For Support 311
1 14% 312
2 20% 313
3 22% 314
4 24% 315
5 or more 26% 316
(2) The guidelines provided for in subsection (1) of this 317
section apply unless the judicial or administrative body awarding 318
or modifying the child-support award makes a written finding or 319
specific finding on the record that the application of the 320
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guidelines would be unjust or inappropriate in a particular case 321
as determined under the criteria specified in Section 43-19-103. 322
(3) The amount of "adjusted gross income" as that term is 323
used in subsection (1) of this section shall be calculated as 324
follows: 325
(a) Determine gross income from all potential sources 326
that may reasonably be expected to be available to the absent 327
parent including, but not limited to, the following: wages and 328
salary income; income from self-employment; income from 329
commissions; income from investments, including dividends, 330
interest income and income on any trust account or property; 331
absent parent's portion of any joint income of both parents; 332
workers' compensation, disability, unemployment, annuity and 333
retirement benefits, including an Individual Retirement Account 334
(IRA); any other payments made by any person, private entity, 335
federal or state government or any unit of local government; 336
alimony; any income earned from an interest in or from inherited 337
property; any other form of earned income; and gross income shall 338
exclude any monetary benefits derived from a second household, 339
such as income of the absent parent's current spouse; 340
(b) Subtract the following legally mandated deductions: 341
(i) Federal, state and local taxes. Contributions 342
to the payment of taxes over and beyond the actual liability for 343
the taxable year shall not be considered a mandatory deduction; 344
(ii) Social security contributions; 345
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(iii) Retirement and disability contributions 346
except any voluntary retirement and disability contributions; 347
(c) If the obligated parent is subject to an existing 348
court order for another child or children, subtract the amount of 349
that court-ordered support; 350
(d) If the absent parent is also the parent of another 351
child or other children residing with him, then the court may 352
subtract an amount that it deems appropriate to account for the 353
needs of said child or children; 354
(e) Compute the total annual amount of adjusted gross 355
income based on paragraphs (a) through (d) of this subsection, 356
then divide this amount by twelve (12) to obtain the monthly 357
amount of adjusted gross income. 358
Upon conclusion of the calculation of paragraphs (a) through 359
(e) of this subsection, multiply the monthly amount of adjusted 360
gross income by the appropriate percentage designated in 361
subsection (1) of this section to arrive at the amount of the 362
monthly child-support award unless a court grants a parent's 363
motion for a shared parenting time credit under Section 2 of this 364
act. 365
(4) In cases in which the adjusted gross income as defined 366
in this section is more than One Hundred Thousand Dollars 367
($100,000.00) or less than Ten Thousand Dollars ($10,000.00), the 368
court shall make a written finding in the record as to whether or 369
not the application of the guidelines established in this section 370
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is reasonable. The court shall take into account the basic 371
subsistence needs of the obligated parent who has a limited 372
ability to pay. 373
(5) Imputation of income shall not be based upon a standard 374
amount in lieu of fact-gathering. In the absence of specific 375
sufficient evidence of past earnings and employment history to use 376
as the measure of an obligated parent's ability to pay, the 377
recommended child-support obligation amount should be based on 378
available information about the specific circumstances of the 379
obligated parent. This can include, but is not limited to, such 380
factors as assets, residence, job skills, educational attainment, 381
literacy, age, health, criminal record and other employment 382
barriers, and record of seeking work, as well as the local job 383
market, the availability of employers willing to hire the 384
obligated parent, prevailing earnings level in the local 385
community, and other relevant factors in the case. 386
(6) Unless extended or waived, the Department of Human 387
Services shall review the appropriateness of these guidelines 388
beginning January 1, 1994, and every four (4) years thereafter and 389
report its findings to the Legislature no later than the first day 390
of the regular legislative session of that year. The Legislature 391
shall thereafter amend these guidelines when it finds that 392
amendment is necessary to ensure that equitable support is being 393
awarded in all cases involving the support of minor children. 394
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(7) All orders involving support of minor children, as a 395
matter of law, shall include reasonable medical support. Notice 396
to the obligated parent's employer that medical support has been 397
ordered shall be on a form as prescribed by the Department of 398
Human Services. In any case in which the support of any child is 399
involved, the court shall make the following findings either on 400
the record or in the judgment: 401
(a) The availability to all parties of health insurance 402
coverage for the child(ren); 403
(b) The cost of health insurance coverage to all 404
parties. 405
The court shall then make appropriate provisions in the 406
judgment for the provision of health insurance coverage for the 407
child(ren) in the manner that is in the best interests of the 408
child(ren). If the court requires the custodial parent to obtain 409
the coverage then its cost shall be taken into account in 410
establishing the child-support award. If the court determines 411
that health insurance coverage is not available to any party or 412
that it is not available to either party at a cost that is 413
reasonable as compared to the income of the parties, then the 414
court shall make specific findings as to such either on the record 415
or in the judgment. In that event, the court shall make 416
appropriate provisions in the judgment for the payment of medical 417
expenses of the child(ren) in the absence of health insurance 418
coverage. 419
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ST: Custody; create rebuttable presumption of
joint custody with equal parenting time.
SECTION 4. This act shall take effect and be in force from 420
and after July 1, 2026. 421